October 9, 2015 - the Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently pending in district courts. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States.
For more information and updates, please visit the USACE HQ site at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/juris_info.aspx
September 14, 2015 National Wetland Plant List Proposed Update- The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, announces the proposed annual update to the National Wetland Plant List (NWPL) for 2015 in the Federal Register. Comments are requested to provided via the NWPL website (located under NWPL Publications/Documents, Wetland Ratings, Proposed FR NWPL 2015 Update section) by 13 November 2015. For more information click here.
August 28, 2015, The Clean Water Act Rule: Definition of "Waters of the United States":
The Office of the Assistant Secretary of the Army for Civil Works (ASA-CW) and the U.S. Environmental Protection Agency (USEPA) Clean Water Act Final Rule is effective 28 August 2015. Following is information regarding the new rule:
August 28, 2015 - Since publication of the rule in the Federal Register, numerous lawsuits were filed challenging the regulation, and several parties sought preliminary injunctions to delay implementation of the rule. On August 27, 2015, United States District Courts in Georgia and West Virginia agreed with the Agencies that legal challenges to the Rule could only be brought in the United States Court of Appeals for the 6th Circuit and therefore denied the requests for preliminary injunction. However, the District Court for North Dakota found that it had jurisdiction and granted the request of a number of States and issued a decision preliminarily enjoining the Clean Water Rule.
Under the order issued by the District Court of North Dakota, the parties that obtained the preliminary injunction are not subject to the new rule, and instead continue to be subject to the prior regulation. In light of the order, EPA and the Army Corps of Engineers will continue to implement the prior regulation in the following States: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and Wyoming.
In all other States, including Texas, the new Clean Water Rule is effective on August 28.
Additional information can be found by visiting the the ASA-CW's website at http://www.army.mil/asacw/ or the USEPA's website at http://www2.epa.gov/cleanwaterrule.
June 22, 2015 - The Fort Worth District Regulatory is providing an updated Consolidated Upload Spreadsheet for linera projects and/or multiple crossings. The spreadsheet allows input for Aquatic Resources, Impacts, Compensatory Mitigation, JDs, and documentation for Nationwide, Regional and Standard Permits. The updated Consolidated Upload Sheet is located under Application Submittal Forms
January 29, 2015, Withdrawal of the 2014 Interpretive Rule Regarding Applicability of the Agricultural Exemptions and Exclusions from Section 404(f)(1)(A) of the Clean Water Act:
The Memorandum of Understanding signed on March 25, 2014, by EPA, Army, and the U.S. Department of Agriculture, concerning the interpretive rule is withdrawn. The signed memorandum withdrawing the interpretive rule is available at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx and www.federalregister.gov
DATES: The interpretive rule is withdrawn as of January 29, 2015.
For further information please contact: Ms. Stacey M. Jensen, Regulatory Community of Practice (CECW–CO–R), U.S. Army Corps of Engineers, 441 G Street, NW, Washington, DC 20314; telephone number 202–761–5856; e-mail address: USACE_CWA_RULE@usace.army.mil
July 24, 2014 - The Fort Worth District Regulatory Division hosted a training for consultants, environmental coordinators, and other federal and states resource agencies. Presentations were tailored to provide information regarding Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act permitting and of the requirements needed to expedite permit requests. Our Regulatory staff covered Jurisdictional Determinations, Section 106 of the Historic Preservation Act, Section 404 (b)(1) guidelines, compliance and enforcment and compensatory mitigation, including mitigation banking. Following is the agenda and presentations for your use.
Alternatives - Compliance and Enforcement - Corps Jurisdiction - Needs and Purpose - Permitee Responsible Mitigation - Regulatory 106 Training - Scope of Analysis - Stream Mitigation - Training Agenda
On March 18, 2015, the USEPA signed a Consent Agreement and Final Order with CTMGT Tuberville, LLC assessing a Class I civil penalty of $4,500 under Section 404 of the Clean Water Act (CWA) for unauthorized work and a violation of permit conditions on a subdivision in Denton, Texas. The work was discovered by the Regulatory Branch and referred to USEPA as a knowing and willful violation. In addition to the fine, the permittee was ordered to restore the area within permit conditions.